I was not living in Germany on 31 December 2020, but I was commuting to work there. What applies to me?

type: Frequently asked

You may be a frontier worker within the meaning of the Withdrawal Agreement. In this case, you continue to have the right to work in Germany on the basis of the Withdrawal Agreement, but not to live there.

If you are an employee (or civil servant) at a workplace in Germany and have not merely been posted to provide a service for a foreign employer, you fall under the frontier worker provision of the Withdrawal Agreement.

Self-employed persons also fall under the frontier worker provision if they have not only provided occasional cross-border services in Germany, but have also established a business as self-employed persons in Germany. Please expect to be required to present extensive evidence for an assessment of whether, on the reference date of 31 December 2020, you were self-employed within the meaning of the frontier worker provision, i.e. whether you had established a business in Germany.

Frontier workers must apply for a special document from the foreigners authority responsible for their place of work. You can also obtain further information there.

For a later move to Germany, frontier workers within the meaning of the Withdrawal Agreement require, from 1 January 2021, a residence permit under the same rules that apply to the residence of other third-country nationals. These rules are contained in the Residence Act, not in the Withdrawal Agreement.